Chicago police have taken Empire actor Jussie Smollett into custody to face a Class 4 Felony charge for disorderly conduct in falsifying police report.

Smollett reported to police he was attacked in downtown Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck on Jan. 29.

The charge could bring up to three years in prison and force the 36-year-old actor to pay for the cost of the investigation into his report of the alleged beating.

According to The Associated Press, Chicago police spokesman Anthony Guglielmi said Smollett turned himself in early Thursday at central booking.

Police are expected to hold a news conference at 9 a.m. to update the case.

Smollett is expected to appear in court later Thursday.